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Patna High CourtCWJC/12642/2016dismissed

Maya Devi v. The State Of Bihar And ORS

2023-04-04Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12642 of 2016 ====================================================== Maya Devi wife of Sri Ramashray Mistri, resident of Mohalla- Old Town, Barbigha, P.S. Barbigha, District- Sheikhpura. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Land Reforms Department, Government of Bihar, Patna 2.

The District Magistrate, Sheikhpura.

3.

The Sub-Divisional Officer, Sheikhpura.

4.

The Circle Officer, Barbigha, District-Sheikhpura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Mistry, Adv.

For the Respondent/s :

Mr.Ramadhar Singh-Gp25 Mr. Anirudh Kumar Singh, AC to GP-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-04-2023 The present writ petition has been filed seeking the following reliefs:- "1(i). For issuance of a writ in the nature of Mandamus directing the respondents not to occupy the house of the petitioner situated over the land appertaining to Tauzi No.235, Thana No.62, Khata No.285, Khesra No.723 and Khesra No.726 measuring an area 5 decimals at Mauza-Narayanpur, Mohalla-Old Town, Barbigha, P.S. Barbigha, District-Sheikhpura after construction of boundary wall from all corners of the aforesaid house without any sanction of the court or without any order of the competent authority in the matter.

Patna High Court CWJC No.12642 of 2016(2) dt.04-04-2023 2/2 (ii) For issuance of a writ in the nature of Mandamus directing the respondents not to demolish the house of the petitioner situated over the aforesaid land without any process of law as the father-in-law of the petitioner built up a mud house 50 years ago over the land in question."

After some arguments, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law. Liberty, so sought, is granted.

The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) Ajay/- U